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High Court civil appeal ruling in a matter between David Mbuthia Mbuga and Thomas Maluki and a minor respondent. The supplied text contains no substantive reasoning and the decision is still being processed.
Criminal appeal judgment from the High Court at Nakuru in Samuel Mwangi Nderitu v Republic. The decision text provided is still being processed, so the substantive outcome is not available.
First appeal in a fatal accident claim. The High Court upheld liability, revised the loss of dependency award, deducted Law Reform Act sums, and increased the total judgment.
The High Court granted a stay of execution pending appeal, finding no unreasonable delay, substantial loss to a third-party objector, and no need for security.
Alusa v Kerubo t/a Ogoti & Co. Advocates (Civil Case E006 of 2025) [2026] KEMC 780 (KLR) (27 August 2026) (Ruling)
The Court found that although there was delay, it was not fatal given the prompt filing of the appeal and related steps. The Applicant established a sufficient risk of substantial loss because the decree was for money, the Respondent had not provided affidavit evidence of her ability to refund the decretal sum, and execution could prejudice restitution if the appeal succeeded. The Court therefore granted stay on condition that the full decretal amount be deposited in court within 30 days.
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Katumo v Republic (Miscellaneous Criminal Application E050 of 2025) [2026] KEHC 13026 (KLR) (21 August 2026) (Ruling)
The application failed because the applicant did not demonstrate a sufficient basis for the delay, and in any event the High Court lacked jurisdiction to grant leave to appeal out of time to the Court of Appeal; that jurisdiction lies with the Court of Appeal. The request was therefore dismissed, though the court directed that judgment and proceedings, if not already supplied, be supplied.
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Maitethia v Momentum Credit Ltd (Miscellaneous Civil Application E183 of 2025) [2026] KEHC 13109 (KLR) (18 August 2026) (Ruling)
The court held that the subordinate court’s dismissal of the injunction application was a negative order, so there was nothing to stay; review could not be granted by the High Court because review belongs to the court that issued the order; however, the applicant gave a plausible explanation that the ruling may not have been available in time, so leave to appeal out of time was granted. The applicant failed to satisfy the Giella thresholds because the vehicle was security for a loan, default was shown, no proof of repayment was produced, irreparable harm was not established, and the balance o…
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Ongono v Transmara Sugar Co.Ltd (Civil Appeal E110 of 2025) [2026] KEHC 12828 (KLR) (6 August 2026) (Judgment)
Although the appellant’s explanation for non-attendance and lack of prosecution since 2018 was weak, the trial court record showed both parties were represented, and the respondent did not oppose the adjournment. In the interests of justice and to afford the appellant a second chance, the appellate court exercised its discretion to set aside the dismissal and reinstate the suit for hearing on the merits before another judicial officer.
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Kasarani Juakali Resettlement Project Ltd v Kinuthia & another (Appeal E008 of 2021) [2026] KEELC 5276 (KLR) (6 August 2026) (Judgment)
The court held that the Appellant was not a stranger to the transaction in substance because it confirmed ownership records, issued the ownership certificate, received fees, and participated in the identification and subsequent mediation over the wrong plot. That conduct supported liability for the fraudulent and failed transaction. The court also found the 2nd Respondent equally liable because his evidence was uncontroverted and he was the principal vendor in the sale agreement. The award of Kshs. 2,800,000 was upheld as proper compensation based on the valuation evidence and restitution pri…
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Kiago v Iregi (Environment and Land Appeal E003 of 2026) [2026] KEELC 5296 (KLR) (6 August 2026) (Ruling)
The application failed because the applicant did not properly place before the court the decision allegedly to be stayed, and in any event the impugned ruling dismissing the application to set aside interlocutory judgment was a negative order incapable of stay. Without a positive executable order, there was nothing to stay, so the request for stay of execution could not succeed.
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